Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2009) JELR 49501 (CA)    

Court of Appeal  ·  CA/C/45/96 ·  17 Mar 2009 ·  Nigeria
NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
2nd respondent
grounds of appeal
learned trial judge
1st respondent
trial judge
affidavit evidence
trial court
lone issue
sales of the properties
number storey buildings
above named properties
findings of fact
mr. aina
provisions of sections
sales of the said properties
secretary of the company
valid sales
abdu-kafarati of the federal high court
advertisements of the following properties void
akwa ibom state
arid rely
brief facts of the case
clear days
common parlance
company of no.
custody of the 1st respondent
directions of any court of law
exercise of its discretionary power
face of contentious issues
issues of law
marketing co. ltd. void
marketing company limited
marketing company ltd
oral evidence
orders of the trial court
public auction
purchaser of the properties
said motion
sale of the company
sale of the properties
sale of the properties of utuks construction
sale of the property
suit no. fhc
support of the 1st respondent
use of the word

JEAN OMOKRI, JCA (Delivering the leading judgment): This is an appeal by the appellant against part of the ruling of A, Abdu-Kafarati of the Federal High Court, Calabar, in Suit No. FHC/CA/M1/93 delivered on 23/5/95.

The brief facts of the case on appeal are as follows: The 1st respondent as the Liquidator and official Receiver filed a motion dated 6/1/95, seeking for an order declaring' the advertisement and sale of the properties of Utuks Construction and Marketing Co. Ltd. void, which properties were sold on Public Auction by one Ben Ekpo and Company of No. 58, Iboko Street, Uyo, the Auctioneer to Mercantile Bank Plc. The properties are:

1. No. 45, Ekpanya Street, Uyo.

2. No. 50 NEPA Line, Uyo.

3. Two (2) number Storey Buildings along Ekprii Nsukara Road, Uyo.

4. No. 44 Brooks Street, Uyo.

The said motion also sought for an order vesting the above named properties in the custody of the 1st respondent, who was for the provisional Liquidator.

The appellant in this appeal filed an aff…

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